Citation, commencement, application and interpretation

1. This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2010 and comes into force on 6th April 2010.

2. This Order applies only to proceedings in which a representation order is granted on or after 6th April 2010.

3. In article 2 “representation order” means a document granting a right to representation.

Amendments to the Criminal Defence Service (Funding) Order 2007

4.The Criminal Defence Service (Funding) Order 2007( 2 ) is amended as follows.

5. In article 2, after the definition of “the Commission” insert—

“ “committal proceedings” means proceedings in a magistrates’ court up to and including a hearing at which an assisted person is committed to the Crown Court for trial under section 6(1) or (2) of the Magistrates’ Courts Act 1980 ( 3 ) ; ” .

6. In article 3—

(a) omit paragraph (1);

(b) in paragraph (2), for “Article 12 of this Order applies” substitute “Articles 12 and 12A of this Order and paragraph 12B of Schedule 2 to this Order and the related entry in the table following paragraph 14 of that Schedule apply”.

7. Omit article 10.

8. After article 12 insert—

“ Either way offences

12A. —(1) The Commission may remunerate a litigator for work done in relation to committal proceedings only in accordance with this article.

(2) Where a litigator represents an assisted person in the Crown Court who was committed for trial, the fee payable to that litigator for work done in relation to the committal proceedings, including attending any hearing in the magistrates’ court, is included within the fixed fee payable for such proceedings under Part 3 of Schedule 2.

(3) The Commission may remunerate a litigator for work done in relation to committal proceedings only where—

(a) that litigator acted for the assisted person in relation to those proceedings; and

(b) a representation order provides for that litigator to represent the assisted person in the Crown Court.

(4) Where—

(a) a litigator represents more than one assisted person in relation to related proceedings; and

(b) any or all of those assisted persons are committed for trial at the same hearing,

the Commission may pay only a single fixed fee in remuneration for representing all those assisted persons in the committal proceedings. ” .

9. Schedule 2 is amended as follows—

(a) after paragraph 10(2C) insert—

“ (2D) Where a case is transferred to a new litigator after committal for trial and before the assisted person appears in the Crown Court for the first time, the original litigator may claim only the fee referred to in paragraph 12B. ” ;

(b) after paragraph 12A insert—

“ Fees for committal proceedings

12B. The fee payable to a litigator for work done in relation to committal proceedings, including any hearing in the magistrates’ court, is that set out in the table following paragraph 14. ” ;

(c) in the table following paragraph 14, after the entry “Hearing subsequent to sentence” insert—